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M/s Larsen And Toubro Ltd. Versus Commissioner of Service Tax, Ahmedabad

2015 (7) TMI 310 - CESTAT AHMEDABAD

Penalty under Section 76, 77 & 78 - earlier Injunction was received from court in respect to demand of tax - development of Mora to Vapi Pipeline Project on EPC basis - Held that:- when the Appellant challenged the levy of tax for the period prior to insertion of Explanation 3 to Section 67 before the High Court and obtained injunction, it would be sufficient to establish that there is a prima facie case in favour of the Appellant. In such situation, there is no scope to doubt the bonafide of th .....

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r hearing both the sides, we find that there is sufficient reason for recalling the Order dt.12.01.2015. The learned Advocate relied upon the decision of the Hon'ble Supreme Court in the case of M/s Balaji Steel Re-rolling Mills Vs Commissioner of C.Ex. & Customs -2014 (310) ELT 209 (SC) and the decision of Hon'ble Gujarat High Court in the case of M/s Kiran Ship Breaking Corporation Vs Customs & Service Tax 2011 (269) ELT 491 (Guj.) on the identical issue. We find that the appea .....

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agreement dt.03.02.2005 with M/s Gujarat State Petronet Limited (in short GSPL) for development of Mora to Vapi Pipeline Project on EPC basis. On 25.02.2005, they received an amount of ₹ 35,19,00,000.00 by way of advance against the bank guarantee of equal amount from M/s GSPL. On 13.05.2005, Explanation 3 was inserted under Section 67 of Finance Act, 1994 as under:- "Explanation 3- For the removal of doubts, it is hereby declared that the gross amount charged for the taxable service .....

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6, they have paid the entire amount of tax alongwith interest on advance amount. A Show Cause Notice dt.30.03.2006 was issued to appropriate the amount deposited by them and also to impose penalties. By the impugned order, the Commissioner of Service Tax, Ahmedabad confirmed the demand of tax alongwith interest and appropriated the same as deposited by them and also imposed penalty under Section 76, 77 & 78 of Finance Act, 1994. 5. It is seen from the impugned order that the Adjudicating Aut .....

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